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Know where you stand at work

Hours, pay, leave, dismissal: most of what decides your working life is written in a few Acts, among them the Labor Standards Act (労働基準法), the Labor Contracts Act (労働契約法) and the Minimum Wage Act (最低賃金法). Ask in your own words, and the answer shows the article it rests on.

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Example questions

The answers here are examples written for these pages, to show how an answer rests on the law. They are not legal advice: for your own case, read the official text and ask a qualified professional.

Example question

Can my employer refuse the days I asked for as paid leave?

As a rule, no: your employer must give paid leave at the time you ask for it. It may move the leave to other days only if your dates would interfere with the normal running of the business.

Labor Standards Act, Art. 39(5)

Article 39, paragraph (5)

Labor Standards Act 労働基準法

  1. An employer must grant paid leave under the provisions of each of the preceding paragraphs at the worker's requested period; provided, however, that if granting the leave at the requested period would interfere with the normal operation of the business, the employer may grant leave at a different period instead.

    使用者は、前各項の規定による有給休暇を労働者の請求する時季に与えなければならない。ただし、請求された時季に有給休暇を与えることが事業の正常な運営を妨げる場合においては、他の時季にこれを与えることができる。

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Example question

My company wants to let me go. How much notice do they have to give?

At least 30 days. An employer that gives less notice must pay at least 30 days of average wages instead, except in narrow cases such as a disaster that makes the business impossible to continue. And a dismissal that lacks objectively reasonable grounds and is not appropriate by ordinary social standards is invalid.

Labor Standards Act, Art. 20(1)Labor Contracts Act, Art. 16(1)

Article 20, paragraph (1)

Labor Standards Act 労働基準法

  1. If an employer intends to dismiss a worker, the employer must provide at least 30 days' advance notice. An employer not giving 30 days' advance notice must pay the worker the average wage for at least 30 days; provided, however, that this does not apply if continuation of business has become impossible due to a natural disaster or any other unavoidable reason, or if the worker is dismissed for reasons attributable to that worker.

    使用者は、労働者を解雇しようとする場合においては、少くとも三十日前にその予告をしなければならない。三十日前に予告をしない使用者は、三十日分以上の平均賃金を支払わなければならない。但し、天災事変その他やむを得ない事由のために事業の継続が不可能となつた場合又は労働者の責に帰すべき事由に基いて解雇する場合においては、この限りでない。

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Example question

I agreed to a wage below the minimum wage. Does that agreement count?

Not for the part below the minimum. That part of the contract is invalid, and the contract is treated as if it set wages at the minimum wage.

Minimum Wage Act, Art. 4(2)

Article 4, paragraph (2)

Minimum Wage Act 最低賃金法

  1. A labor contract between workers to whom minimum wages are applicable and their employer, which provides for wages less than the minimum wage amount is to be invalid with respect to that part. In such cases, the invalid part is deemed to provide for wages equal to the amount of the minimum wages.

    最低賃金の適用を受ける労働者と使用者との間の労働契約で最低賃金額に達しない賃金を定めるものは、その部分については無効とする。この場合において、無効となつた部分は、最低賃金と同様の定をしたものとみなす。

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